901:5-2-10
New permanent storage vessels erected on site.

(b)
Exceed the API 650 standard. If the
vessel is to be built to exceed the API 650 standard, plans and specifications
for the vessel shall be submitted to the director prior to installation of the
vessel. The plans and specifications submitted under this section shall include
documentation prepared by a professional engineer registered under Chapter
4733. of the Revised Code of the following:

(i)
That the permanent storage vessel to be
installed exceeds the API 650 standard; and

(ii)
The inspection schedule, protocol, and
standards against which the integrity of the permanent storage vessel shall be
measured during those inspections over the lifetime of the vessel; and

(iii)
The protocol and
specifications required for proper repairs to the permanent storage vessel;

(2)
The
storage vessel and appurtenances meet the requirements of paragraphs (A) and
(B) of rule
901:5-2-03 of the
Administrative Code;

(3)
It is
sited within a secondary containment facility, which meets the requirements of
paragraph (C) of rule
901:5-2-03 of the
Administrative Code;

(4)
The plans
and specifications for the secondary containment facility have first been
approved in accordance with rule
901:5-2-02 of the
Administrative Code by the director of agriculture; and,

(5)
It complies with all applicable zoning
regulations, building standards, and fire codes; and, any permits required by
state or federal law have been issued.

(B)
The director shall notify each applicant
within thirty days after receipt of the plans and specifications for the
containment facility that they have either been approver or disapproved.

(C)
Before the vessel may be used
for liquid fertilizer storage the owner shall obtain a written verification
from an authorized inspector stating that the vessel, as installed, is in
compliance with the paragraph (A)(1) of this rule. The written verification
shall be kept on the property where the vessel is located and a copy shall be
submitted to the Ohio department of agriculture.

(1)
Built to API 650 standards, after the
date an initial written verification of compliance is issued for a new
permanent storage vessel erected on site the vessel shall be reinspected every
ten years in accordance with and shall comply with the requirements of:

(b)
If a
permanent storage vessel erected on site does not meet the API 650 standard,
the owner of the vessel shall obtain from the authorized inspector written
verification indicating non-compliance and listing each item not in compliance
with the API standard 650. The owner shall notify the department of the
non-compliance and neither the owner nor any other person shall use the vessel
to hold liquid fertilizer until the vessel is brought into compliance and a
written verification is issued by an authorized inspector stating the vessel is
in compliance with the API 650 standards. When a written verification of
compliance is issued it shall be kept on the property where the vessel is
located.

(2)
Built to
exceed API 650 standards, after the date an initial written verification of
compliance is issued for a new permanent storage vessel erected on site, the
vessel shall be reinspected in accordance with the schedule, protocol and
standards for inspection submitted pursuant to paragraph (A)(1)(b)(ii) of this
rule. If the vessel does not meet the standard to which it was built, the owner
of the vessel shall obtain from the authorized inspector written verification
indicating that non-compliance and listing each item not in compliance with the
standard documented under paragraph (A)(1)(b) of this rule. The owner shall
notify the department of the non-compliance and neither the owner nor any other
person shall use the vessel to hold liquid fertilizer until the vessel is
brought into compliance and a written verification is issued by an authorized
inspector stating the vessel is in compliance with the standards under which it
was built. When a written verification of compliance is issued it shall be kept
on the property where the vessel is located.

If an authorized inspector determines that a shorter inspection
interval is necessary, subsequent inspections shall be conducted in accordance
with that interval.